BVA Case 191209-55231: Cervical
BVAReal Board of Veterans' Appeals decision · February 14, 2024 · Jennifer White
Conditions Claimed
CervicalHearing LossTinnitusHipHeadache
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Issues on Appeal
CervicalHearing LossTinnitusHipHeadache
Why It Was Decided This Way
If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.
Thus, the Board finds that VA has satisfied the duty to assist.
No further notice or assistance to the Veteran is required to fulfill VA's duty to assist in development.
Service connection for BHL Service connection requires evidence of three elements: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or nexus between the current disability and the disease or injury incurred or aggravated during active service.
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.
What remains for consideration then is whether there is a nexus or causal relationship between the Veteran's current BHL and his acknowledged risk of noise exposure during service.
The Board finds that this medical opinion is probative as to the causal relationship or nexus element of the Veteran's service connection claim.
The private audiologist provided a definitive nexus opinion using the correct standard of proof (evidence at least approximately balanced or greater) with an adequate supporting rationale based on concurrent findings and a review of the claims file.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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